Judge-Alone Trial vs Jury Trial: Which Is Better?

In Victoria, indictable criminal charges are tried by a jury of 12, not by a judge alone. Unlike New South Wales and some other states, Victoria has no general judge-alone trial option. The judge-alone trials introduced during the COVID-19 pandemic were temporary, needed a pandemic declaration to be in force, and have since lapsed. So for most people facing a County Court or Supreme Court trial, the real question is not judge versus jury, it is how best to run the defence.

Arson Charges: What You’re Facing

Arson is a serious offence in Victoria, carrying a maximum of 15 years imprisonment under section 197 of the Crimes Act 1958 (Vic) for destroying or damaging property by fire. If the fire causes someone’s death it becomes arson causing death, with a maximum of 25 years, and intentionally or recklessly causing a bushfire carries up to 15 years. These cases often turn on how the fire started and whether the prosecution can prove you acted intentionally or recklessly, which is exactly where a defence is built.

Can You Live at Home Under an Intervention Order?

It depends on the conditions of the intervention order. If the order does not include an exclusion condition, you may be able to keep living at home, as long as you do not commit family violence. If it does include an exclusion condition, you must leave the residence, even if you own it or are on the lease.

Can You Switch Lawyers Mid-Case in Victoria?

Yes. You can switch lawyers mid-case in Victoria. It is your case, and you have the right to change your lawyer if you are not satisfied. The practical points to manage are getting your file, paying your first lawyer for work already done, and the timing, especially if you are close to a hearing or on legal aid.

Can You Vary Your Bail Conditions?

Yes, you can vary your bail conditions in Victoria. Under the Bail Act 1977 (Vic), a court can change your bail conditions where it is reasonable to do so, usually because your circumstances have changed or a condition is no longer necessary or workable. You, the police informant, or the prosecution can apply, and the court decides after the prosecution has been given notice and a chance to respond. Common reasons include a condition clashing with work, a change of address, or reporting that has become impractical.